[Tonya L.] v. Kijakazi

S.D. Fla. Feb. 28, 2023

Medical opinions, RFC, subjective symptoms

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About this case

[Tonya L.] v. Kijakazi, No. 22-CV-61236, 2023 WL 2562649 (S.D. Fla. Feb. 28, 2023), report and recommendation adopted, No. 22-61236-CIV, 2023 WL 2560903 (S.D. Fla. Mar. 17, 2023) (R&R by U.S. Magistrate Judge Jared M. Strauss, adopted by Chief U.S. District Judge Cecilia M. Altonaga)

Briefs for purchase: Plaintiff's Motion for Summary Judgment and Plaintiff's Reply Brief

Topics addressed:

Establishing onset
RFC - assistive device
RFC - required findings
RFC - ALJ must build an accurate and logical bridge from the evidence to his or her conclusion

Medical opinions - required findings
Subjective symptoms - ALJ must consider reasons for not seeking treatment

ALJ mischaracterization of the record

Post hoc justification

Rulings addressed:

Social Security Ruling 83-10
Social Security Ruling 96-8p
Social Security Ruling 16-3p
Social Security Ruling 18-01p

Issues briefed:

1) The ALJ failed to comply with 20 C.F.R. §§ 404.1520b, 416.920b in evaluating the report of Dr. Adam, a consultative physician.

2) The ALJ’s RFC assessment for the period from the alleged onset date of March 23, 2018, to August 3, 2020, the established onset date, is not supported by substantial evidence.

3) The ALJ’s stated reasons for discrediting Plaintiff’s testimony for the period prior to August 3, 2020, are not based on substantial evidence.

Court decision:

After full briefing, a Magistrate Judge issued a Report and Recommendation, recommending remand, which was adopted in full by the district court.